ML20202F265

Informs Commission That Exective Director for Operations Is Issuing Proposed Amend of 10CFR20 & 50 to Change Terminology for as Low as Practicable Limits

ML20202F265
Person / Time
Issue date:	07/03/1975
From:	Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-75-343, SECY-75-343-R, NUDOCS 9902030381
Download: ML20202F265 (8)

Text

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July 3, 1975 SECY-75-343 (NFORMATION REPORT i t k A ca m 1

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For:

The C:mnissioners Sub.iect:

PROPOSED AMENDMENTS OF 10 CFR PARTS 20 AND 50 -

CHANGE OF TERMINOLOGY FOR "AS LOW AS PRACTICABLE" LIMITS

Purpose:

To info'ra the Consnission that the Executive Director for Operations is issuing proposed amendments of 10 CFR Parts 20 and 50 to change the terminology for the "as low as practicable" limits.

Discussion:

On May 5, 1975 the Commission published in the. Federal Register its decisiorfin the rule making proceeding concerning numerical guides for design objectives and limiting conditions for operation to meet the criterion "as low as practicable" for radioactive material in light-vater-cooled' nuclear power reactor effluents.

In its decision the Commission directed the staff to prepare and issue for public comment a proposed rule that substitutes the currently accepted term "as low as is reasonably achievable" for the older, less precise term "as low as practicable" in the Commission's regulations and regulatory guides.

In accordance with the Commission's directive the staff has prepared the proposed amendments to Parts 20 and

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50 set out in Enclosure "A", which I am issuing as a proposed rule to be published in the Federal Register, allowing 60 days for public comment.

The Joint Committee on Atomic Energy will be informed of this action. A public announcement will not be issued.

= secretariat Note: The Comission made its decision in Adjudicatory Policy f-Session 75-13, April 28, 1975.

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Concurred in by the Offices of Standards Development, Executive Legal Director, and Public Affairs.

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Executive Director for Operations

Enclosure:

"A" - Notice of Proposed Rule Making

Contact:

G. L. Hutton Ext. 7211 4

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i NUCLEAR REGULATORY COMMISSION

-[10 CFR Parts 20 and 50]

Change of Terminology for "as low as practicable" Limits

-On May 5, 1975 the Nuclear Regulatory Commission published in the FEDERAL REGISTER (40 FR 19439) its decision in the rule making proceeding concerning numerical guides for design objectives and limiting conditions for operation to meet the criterion "as low as practicable" for radioactive material in light-water-cooled nuclear power reactor effluents, including amendments of 10 CFR Part 50 to be effective June 4, 1975.

In its decision the Commission stated that:

The Commission fully subscribes to the general principle that, within established radiation protection guides, radiation exposures to the public should be kept "as low as practicable." This precept has been a central one in the field of radiation protection for many years.

The term "as low as practicable' is ' defined in the Coimaission's regulations [10 CFR 50.34a(a)] to mean "as low as is practicably achievable taking into account the state of technology, and the economics of improvements in relation to the benefits to the public health and safety and in relation to the utilization of atomic energy in the public. interest."

We note that during the pendancy of this rule making the International Commission on Radiological Protection, in ICRP Publication No. 22, has replaced the phrase "as low as practicable" with "as low as is' reasonably achievable" in its recommendation on dose limitation.

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Enclosure "A" t

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N 1-t Its' recommendation has also been expanded to identify

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two specific considerations - econowie and social -

I that are to be taken into account in determining a i

it'el of exposure that may be considered "as low se i

16 reasonably acnievabic." Other considerations, such as ethical ones, are not excluded by this.

wording and may indeed be considered to be included by the adjective " social." The ICRP has clearly i

stated that the changed terminology does not reflect I

a change in the objectives of dose limitation, but i

rather a choice of language which "more closely describes its intentions.".See ICRP Publication 22, paragraphs 6, 7, and 20.

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i We endorse this attempt to make this basic concept

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of radiation protection more understandable. We are today directing the Commission's staff to prepare and issue for public. comment a proposed rule that substitutes the currently accepted phrasing --

"as low as is reasonably achievable" -- for the older, less precise terminology in the many places throughout our regulations and regulatory guides where it appears.

In accordance with the Commission's directive the Commission's staff has prepared the following proposed amendments of 10 CFR Parts 20 and 50 which would substitute the term "as low as is reasonably achievable" for the term "as low as practicable."

Pursuant to the Atomic Energy Act of 1954, as amended, the l

Energy Reorganization Act of 1974, and section 553 of Title 5 of the United. States Code, notice is hereby given that adoption of the following amendments to 10 CFR Parts 20 and 50 is contemplated.

All interested persons who desire to submit written comments or suggestions in connection with the proposed amendments should

Enclosure "A"

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• to the Secretary of the Consaission, U.S. Nuclear Regulatory Commission, Washington, D. C.

20555, Attention: Docketing and Service Section. Copies of comments on the proposed amendments may be examined at the Commission's Public Document Room at 1717 H Street, N.W.,

Washington,'D'IC.

1 1.

Section 20.1 of 10 CFR Part 20 is amended by revising paragraph (c) to read as follows:

$ 20.1 Purpose.

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(c) In accordance with recommendations of the Federal Radiation Council, approved by the President, persons engaged in activities under licenses issued by the Nuclear Regulatory Cosmiission pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act'of 1974 should, in addition to complying with the requirements set forth in this part, make every reasonable effort to maintain radiation exposures, and releases of radioactive materials in effluents to unrestricted areas, as low as is reasonably Jachievable. The term "as: low as is reasonably achievable" means as low as is reasonably achievable taking into account the state of

.tachanlogy, and the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic

• A date will be inserted allowing 60 days for public comment.-

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l considerations, and in relation to the utilization of atomic energy in the public interest.

2.

Section 50.34a of 10 CFR Part 50 is amended by revising paragraph (a) to read as follows:

5 50.34a Design objectives for equipment to control releases n:

radioactive material in effluents - nuclear power reactors.

l (a) An application for a permit to construct a nuclear power i

reactor shall include a description of the preliminary design of equipment to be installed to maintcin control over radioactive materials in gaseous and liquid effluents produced during normal e

reactor operations, including expected operational occurrences.

In the case of an application filed on or after January 2, 1971, the application shall also identify the design objectives, and the means to be employed, for keeping levels of radioactive material in effluents to unrestricted areas as low as is reasonably achievable.

The term "as low as is reasonably achievable" as used in this part means as low as is reasonably achievable taking into account the i

state of technology, and the economics of improvements in relation to benefits to the public health and safety and other societal and socioeconomic considerations, and in relation to the utilization of atomic energy in the public interest. The guides set out in Appendix I provide numerical guidance on design objectives for light-water-cooled nuclear power reactors to meet the requirement that radioactive material in effluents released to unrestricted

' areas be kept as low as is reasonably achievable. These numerical Enclosure "A" 1

guides for design objectives and limiting conditions for operation are not to be construed as radiation protection standards.

j 3.

Section 50.36a and Appendix I of 10 CFR Part 50 are l

amended by changing the term "as low as practicable" to "as low as is reasonably achievable" wherever it appears.

(Sec.161, Pub. L.83-703, 68 Stat. 948 (42 U.S.C. 2201);

Sec. 201(f), Pub. L.93-438, 88 Stat.1243 (42 U.S.C. 5841)).

Dated at Bethesda, Maryland this 2nd day of July 1975.

For the Nuclear Regulatory Commission.

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. ae e. E Y V/

/ Lee V. Gossick Executive Director for Operations Enclosure "A" L.

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DISTRIBUTION NO. OF COPIES Secretary'.

5 Chairman Anders 4

Commissioner Rowden 2

Commissioner Mason 3

i Commissioner Gilinsky 2

Commissioner Kennedy 2

1 Exec. Dir. for Operations 2

1 Asst. Exec. Dir, for Operations 1

Ager.cy Inspector-G Auditor 2

Congressional Affairs 1

General Counsel 3

Exec. Legal Director 2

Administration 3

Policy Evaluation 1

Standards _ Development 3

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